Q: Is it legal to have a contract where my company only pays someone after the company makes a certain amount of profit?
A: As a general rule, you can place most contingencies as a pre-condition to payment ... so long as it is reasonable and objective in nature. The issues for you will be "acting in good faith" and "with fiduciary care" in developing that "certain amount of profit". You MAY have placed more burdens on yourself ... depending upon the actual language in the agreement. The next step is for us to schedule an initial free consultation by video call or telephone call ... and/or with the attorney of your choice ... your thoughts?
A:
Maybe. Your question does not say what the contract is about or how the deal works. "Profit" can have many meanings. Ten CPAs can give you 10 different calculations of profit and every one of them will be legitimate. An attorney can set up the deal so that you and the other side have the same understanding of what profit means. Otherwise you are setting up a situation where there is a greater chance for a dispute.
Disputes cost money and they do not get the job done.
A: Yes. Two people can enter into a contract to do anything so long as it is legal. But both sides need to willingly agree. If both sides agree to the terms you proposed, that should be fine. Best wishes.
Brian Scott Winkler agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.